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Expertise

Restructuring and Insolvency

In a rapidly changing market, corporate restructures and insolvency are increasingly common, driving considerable activity in this space, with both small and large organisations being severely impacted. Expert legal advice is crucial to ensure the best possible outcomes are achieved during a time of high uncertainty.

The ability to provide timely commercial advice, guidance and support is our strength. Our Restructuring and Insolvency group works closely with our Corporate Advisory, Banking and Infrastructure and Litigation teams to ensure our clients receive a seamless service that meets their requirements and provides the best solution.

We provide pragmatic, commercial and partner–led expertise. The team has extensive experience advising and acting on disputes and applications arising from restructures and workouts, voluntary administrations, liquidations and receiverships.

We advise banks, borrowers, investors and directors, as well as many leading insolvency practitioners on all types of insolvency administrations. We also advise and act for creditors, directors, lenders and investors facing issues arising from corporate insolvency including insolvent trading claims and actions in relation to insolvent transactions.

Our group leader, Dominic Emmett, is consistently ranked as one of Australia’s leading insolvency and restructuring lawyers in major legal directories including Chambers Global for Restructuring/Insolvency.

"We were able to do what nobody thought could be done, and without Gilbert + Tobin it would never have happened."

Chambers Asia-Pacific, 2015

People

Dominic Emmett

Dominic Emmett is pre-eminent in restructuring and insolvency matters for financial institutions and distressed debt funds. Sources say: 'He jumps to mind as being the best in the market' and that 'he pops up on everything: any large group in distress looking at restructure - in Perth, in Melbourne, in Sydney - he's there'."

Dominic Emmett and Jessica Arscott provide a detailed analysis of the insolvency and restructuring market in Australia, the key tools and emreging innovative processes for effecting restructures in Australia, as well as an update on the Federal Government's insolvency law reform agenda.

Justice Black has confirmed in his written reasons for judgment in Re Nexus Energy Ltd (subject to deed of company arrangement) [2014] NSWSC 1910 (Nexus) the utility of section 444GA to achieve debt for equity restructures of listed companies.

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Other Areas Of Expertise

Complex and high profile transactions are our bread and butter. We apply years of experience and innovative structures to maximise the value of your investments at whatever stage of the lifecycle you’re in.

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